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Stafford Office:
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DESIRABLE ACTIVITIES UNDER THE COMPENSATION ACT 2006 The above Act introduced a defence in the field of personal injury claims known as the “Desirable Activity” defence. It was hailed as potentially having a big impact in correcting the more extreme elements of the risk averse society that we have become. In other words organised activities, particularly for youngsters being cancelled for fear of large claims for personal injury against the organisers. In a recent case this defence was successfully raised by an employer in unusual circumstances. The case went all the way to the House of Lords and is one of the last cases decided by “The Lords” before its re-branding as the Supreme Court. Mr Hopps was a driver working for a company sub-contracting to the Ministry of Defence in Iraq. Unfortunately he suffered injury when shots pierced the vehicle that he was driving. In bringing his claim against his employer and the MoD he argued that he should have been provided with a suitably armoured vehicle. His employer and the MoD pointed to the desirable activity defence which allows the Courts to have a discretion when considering whether the standard of care which might otherwise apply might prevent a “desirable activity”. The Court found that the re-building of Iraq, in which Mr Hopps was engaged, was a desirable activity and therefore failing to provide an armoured vehicle did not place the employer or the MoD in breach of their obligations to the employee. This case definitely increases the profile of the potential defence under Section 1 of the Compensation Act. Look out for it being used more often. For further information please contact Nigel Pepper or Patrick Nelson on 01785 211411. 17 December 2009 Disclaimer The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances. |
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Offices at : 17 Martin Street, Stafford, ST16 2LF and 3 Albion Street, Rugeley, WS15 2BY VAT no. 278 62 38 18
Hand Morgan & Owen is regulated by The Solicitors' Regulation Authority (50587).
You can access the Authority's rules from their website at www.sra.org.uk/code-of-conduct.page
Hand Morgan & Owen is regulated by The Solicitors' Regulation Authority (50587).
You can access the Authority's rules from their website at www.sra.org.uk/code-of-conduct.page